IN THE CASE OF:
BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150000395
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* award of the Armed Forces Expeditionary Medal
* his deployment to Bosnia
2. The applicant states:
* award of the Armed Forces Expeditionary Medal is not shown on his DD Form 214
* he was deployed to the Former Republic of Yugoslavia in support of Operation Joint Forge between 21 June 1998 and 2 December 2004
* there was an error in the transcription from his Enlisted Record Brief (ERB)
3. The applicant provides:
* DD Form 214
* ERB
* Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 222-038, dated 9 August 2000
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior honorable service in the U.S. Navy Reserve, the applicant enlisted in the Regular Army on 10 March 1998.
3. His ERB, dated 11 April 2005, shows award of the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Presidential Unit Citation
* Army Superior Unit Award
* Navy Meritorious Unit Commendation
* Navy "E" Ribbon (3rd Award)
* Army Good Conduct Medal (2nd Award)
* Naval Reserve Meritorious Service Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Global War on Terrorism Service Medal
* Aviation Badge (Aircraft Crewman Badge)
* Driver and Mechanic Badge (no records available on bar type)
4. On 30 June 2005, he was honorably discharged. His DD Form 214 for this period shows award of the:
* Army Commendation Medal
* Army Achievement Medal
* Meritorious Unit Commendation Medal (2nd Award)
* Navy "E" Ribbon (3rd Award)
* Army Good Conduct Medal (2nd Award)
* American Campaign Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Naval Reserve Meritorious Service Medal (2nd Award)
* North Atlantic Treaty Organization Medal
* Aircraft Crewman Badge
5. On 18 September 2014, the ABCMR corrected the applicant's records to show award of the Afghanistan Campaign Medal with one bronze service star instead of award of the American Campaign Medal.
6. On 29 October 2014, he was issued a DD Form 215 (Correction to DD Form 214) removing the American Campaign Medal and showing award of the Afghanistan Campaign Medal.
7. He provided orders showing his deployment to Bosnia-Herzegovina in support of Operation Joint Forge. He also provided page one of a memorandum for record from 1st Battalion, 229th Aviation Regiment, Comanche Base, Bosnia-Herzegovina, dated 14 December 2000, subject: Award and Wear of the Armed Forces Expeditionary Medal for Service during SFOR-8 (Stabilization Force 8), which lists his name as an individual authorized to wear the Armed Forces Expeditionary Medal.
8. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia during the period 7 September 2000 through 26 March 2001 (6 months and 20 days).
9. A review of his records shows he was awarded the Army Commendation Medal (2nd Award).
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual who was not engaged in actual combat or equally-hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.
b. Table 2-3 shows the Armed Forces Expeditionary Medal is authorized for the former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard for the period 1 June 1992 to 20 June 1998 as only for participants deployed to Bosnia-Herzegovina and Croatia. The Armed Forces Expeditionary Medal is also authorized for the former Republic of Yugoslavia, Operation Joint Forge for the period 21 June 1998 to a date to be determined.
11. Military Personnel Message (MILPER) Number 99-157 implemented the policy to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the Armed Forces Expeditionary Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.
12. MILPER Message Number 13-325, issued 30 October 2013, subject: Campaign, Expeditionary, and Service Medals for the Former Republic of Yugoslavia, states the area of eligibility for the Armed Forces Expeditionary Medal would mirror that of the Kosovo Campaign Medal with the addition of Bosnia-Herzegovina, Croatia, and Hungary. Accordingly, the area of eligibility is the land/air space of Serbia (including Vojvadina), Kosovo, Montenegro, Albania, Macedonia, Bosnia-Herzegovina, Croatia, Hungary, and U.S. Naval vessels operating in the Adriatic Sea. In addition, Soldiers must also meet the criteria outlined in Army Regulation 600-8-22.
13. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed he received HFP/IDP and CZTE for service in Bosnia during the period 7 September 2000 through 26 March 2001, he met the qualifying criteria for award of the Armed Forces Expeditionary Medal, and his ERB shows he was awarded the Armed Forces Expeditionary Medal. His DD Form 214 for the period ending 30 June 2005 should be corrected to show this award.
2. He was awarded the Army Commendation Medal (2nd Award). His DD Form 214 for the period ending 30 June 2005 should be corrected to show this award.
3. His ERB shows units to which he was assigned were awarded the Presidential Unit Citation, Army Superior Unit Award, and Navy Meritorious Unit Commendation. His DD Form 214 for the period ending 30 June 2005 should be corrected to show these unit awards.
4. His ERB shows he was awarded the Naval Reserve Meritorious Service Medal. His DD Form 214 for the period ending 30 June 2005 should be corrected to show this award.
5. His ERB shows he was awarded the Driver and Mechanic Badge. His DD Form 214 for the period ending 30 June 2005 should be corrected to show this badge.
BOARD VOTE:
___ x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting award of the Army Commendation Medal from his DD Form 214 for the period ending 30 June 2005:
b. adding the following awards to his DD Form 214 for the period ending 30 June 2005:
* Army Commendation Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Naval Reserve Meritorious Service Medal
* Presidential Unit Award
* Army Superior Unit Award
* Navy Meritorious Unit Commendation
* Driver and Mechanic Badge
c. adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 20000907-20010326" to item 18 of his DD Form 214 for the period ending 30 June 2005.
_____________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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